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Version Superseded: 01/04/1992
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(1)Before submitting to the Secretary of State a draft order or a report under section 23 of this Act about any area, a magistrates’ courts committee—
(a)shall consult the council of the non-metropolitan county [F1, metropolitan district or outer London borough]concerned and the magistrates for any existing petty sessional division in the area; and
(b)in the case of a draft order [F2concerning a non-metropolitan county], after complying with paragraph (a) above, shall send a copy of their proposals to every interested authority and take into consideration any objections made in the prescribed manner and within the prescribed time.
(2)A magistrates’ courts committee submitting to the Secretary of State a draft order or a report under section 23 of this Act shall comply with such requirements (if any) as to notice as may be prescribed; and the Secretary of State, before making an order under that section about any area otherwise than in accordance with a draft submitted to him by the magistrates’ courts committee, shall send a copy of his proposals to the committee, to the council of the non-metropolitan county [F3, metropolitan district or outer London borough concerned, to the magistrates for any existing petty sessional division in the area and, if a non-metropolitan county is concerned, to every interested authority].
(3)Before making any order under section 23 of this Act the Secretary of State shall take into consideration any objections made in the prescribed manner and within the prescribed time, and may cause a local inquiry to be held.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(5)Subject to the provisions of Schedule 1 to this Act, the powers conferred by section 23 of this Act shall be in substitution for any other power to create or alter petty sessional divisions in a [F5non-metropolitan county, metropolitan district or outer London borough], except powers conferred by any other provision of this Act.
(6)For the purposes of this section—
(a)“interested authority”, in relation to any order or draft order [F6concerning a non-metropolitan county, means the council of any district in the county which is wholly or partly included in the area to which the order or draft order relates; and]
(b)an order shall be deemed to be made in accordance with a draft order if either it is made in terms of the draft order or the departures from the draft order do not, in the opinion of the Secretary of State, effect important alterations in the draft order.
Textual Amendments
F1Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(a)(i)
F2Words inserted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(a)(ii)
F3Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(b)
F4S. 24(4) repealed by Local Government Act 1985 (c.51, SIF 81:1), s. 102, Sch. 17
F5Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(c)
F6Words substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 12(8)(d)
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